HON’BLE SRI JUSTICE K. LAKSHMAN

ORDER

Heard Sri G. Jonathan, learned counsel for the petitioner and Sri C.Buchi Reddy, learned Standing Counsel appearing for respondent Nos.2 to 4.

2. In the year 2005, 2^nd respondent Board has conducted demand survey for allotment of LIG Flats (for shot, ‘subject flats’) situated at Bandlaguda. It has issued notification. It has issued auction notice proposing to conduct public auction for sale of subject flats. The petitioner herein has submitted his application bearing No.14036 in 2009 along with an amount of Rs.2500/- towards EMD/Registration charges. Vide proceedings dated 18.05.2009, 4^th respondent informed the petitioner that the application vide No. A/14036 submitted by the petitioner was considered and he was found eligible. He was selected for allotment of LIG flat in the said scheme. Flat number will be assigned through lottery before physical possession is handed over to the petitioner. The costs of 450/- sft of LIG flat was tentatively fixed at Rs.3,43, 448/-. Thus, the 4^th respondent directed the petitioner to pay the said amount within three months from the date of receipt of the said allotment letter.

3. The petitioner has paid the said amount vide Demand Draft No.590283, dated 19.09.2009. Vide proceedings dated 03.02.2010, 4^th respondent has allotted LIG Flat No.A6/402 admeasuring 509 sft, to the petitioner by way of draw of flats conducted on 02.12.2009. 4^th respondent directed the petitioner to get registration of the said flat in his favour and take physical possession by paying the difference of final cost of Rs.99,350/- and interest for delayed payment of instalments, if any, from the date of receipt of the said letter.

4. The said flat is in third floor. Petitioner herein is suffering from night blindness and deafness in both the years by birth. Therefore, vide letter dated 11.03.2010, he has requested the 2^nd respondent to change the allotment of flat from third floor to first floor. 2^nd respondent requested the 4^th respondent to examine the request made by the petitioner and take necessary action in allotment of flat in ground floor on medical grounds, vide endorsement dated 11.03.2010. The petitioner has made similar request vide his letter dated 23.12.2010.

5. Vide letter dated 14.03.2011, 4^th respondent informed the petitioner that his request for change of allotment of flat is considered and they have allotted LIG Flat No.A3/101 located at ground floor to the petitioner duly cancelling earlier allotment of flat No.A6/402 situated at Bandlaguda. 4^th respondent directed the petitioner to pay the differential cost of flat at the earliest. The petitioner came to know that the said LIG A3/101 was already allotted to Sri P. Lakshmikanth and he was in possession of the same. Therefore, he has informed the said fact to the 2^nd respondent vide his letter dated 10.11.2011 and requested to re-allot the flat in ground floor in lieu of LIG Flat No.A3/101.

6. Vide letter dated 14.03.2011 (received by the petitioner on 13.08.2011), 4^th respondent allotted LIG Flat No.A7/107 located at ground floor in the place of LIG Flat No.A6/403 at Bandlaguda. 4^th respondent directed the petitioner to pay the differential costs of flat at the earliest. According to the petitioner, the said LIG Flat No.A7/107 is a model house and it was not in habitable condition.

Therefore, he has spent huge amount to get it repaired. However, he has been staying in the said house. He has paid an amount of Rs.99,350/-, vide D.D.No.000632, dated 17.09.2012 towards differential costs of Flat No.A7/107 and vide letter dated 17.09.2012, he has requested the 2^nd respondent to hand over the possession and register the same in his favour. 2^nd respondent has received and acknowledging the said Demand Draft.

7. Vide letter dated 29.04.2013, the petitioner requested 2^nd respondent not to impose unnecessary interest but waive of the same, hand over the possession of the said flat. Thereafter, the petitioner has submitted repre